Scott Jordan, Tarkine board may have to pay up

By
SEAN FORD

SAVE the Tarkine frontman Scott Jordan and board members may be personally slugged for costs from failed legal action against a proposed mine.

SAVE the Tarkine frontman Scott Jordan and board members may be personally slugged for costs from failed legal action against a proposed mine.

The environmental group itself faces a court costs bill in the order of $200,000.

But mining hopeful Venture Minerals has foreshadowed asking the Federal Court to also make non-party costs orders against people Justice Richard Tracey described as "certain officers of the applicant (Save the Tarkine) or members of its governing committee who were responsible for the making of the decision to commence and prosecute the application".

In his judgment awarding costs to Venture and the Commonwealth yesterday, Justice Tracey said: "In its written submissions, (Venture) referred to some matters which, if established, could support a finding that the litigation had been pursued for an ulterior purpose.

"It would also be necessary for the second respondent to establish that one or more of the persons against whom non-party costs orders were sought was a guiding mind responsible for the alleged malign purpose, if there was one."

Asked about the alleged ulterior purpose and people who may be targeted, Mr Jordan said they were matters for the company.

"At the moment, we're focusing on the appeal."

The group would not be expected to pay the existing costs if the appeal was successful.

If it failed, Venture and the Commonwealth could also seek further costs arising from the appeal.

The exact costs amount that Save the Tarkine must pay is yet to be finalised.

Venture and the Commonwealth are believed to be each seeking about $100,000 from proceedings aimed at overturning federal environmental approval of Venture's planned Riley iron ore mine, near Tullah.

That would have potential to force the group out of business.

Costs findings against other parties may lessen the chance of another group with similar goals forming if STT wound up.

Venture confirmed that it would become a party to the appeal to protect its interest in the case.

It said it would seek security for costs from Save the Tarkine to cover legal costs associated with the appeal.